360 So. 2d 358 - Waters v. State’s Empirical Analysis
1978
Citation profile
53 state decisions
How this case has been cited
Cited by 53 later decisions — most recently March 2010 · most notably 420 So. 2d 812 - Harris v. State (1982), 375 So. 2d 1257 - Williams v. State (1979)
53 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Procunier v. Martinez · Dardi v. United States · State v. Moynahan · United States v. Virgil D. Dardi, Robert B. Gravis, Charles Rosenthal and Charles Berman · Bridges v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The term 'recently stolen,' by its very nature, is relative in concept — both as to the passage of time and the type of property involved. It is determined upon the facts of each case and, depending upon the particular circumstances, may vary from a few days to many months. Haynes v. State , Ala.Cr.App., 335 So.2d 203 (1976). The remoteness has regard additionally to the particular factors and considerations surrounding each case. Hence, it is not feasible to state a fixed rule with reference to the element of time lapse. Smitherman v. State , 33 Ala. App. 316 , 33 So.2d 396 (1948). Remoteness of time affects weight rather than admissibility. Yet, as Smitherman points out, evidence must not be so remote in point of time as to be totally without causal connection or logical relation to the criminal act involved."”
3 later decisions quote this exact passage“`Specific grounds of objection waive all grounds not specified.' Waters v. State , 360 So.2d 358 , 363 (Ala.Cr.App.), cert. denied, Ex parte Waters , 360 So.2d 367 (Ala. 1978).”
2 later decisions quote this exact passage““The time lapse of some sixteen months involved in the immediate case, if standing alone, might well fall within the excessive time cautioned against in Smitherman . However, [prosecution witness] Crane’s evidence of appellant’s actual possession of the stolen phonograph sixteen months after the fact must be considered in light of other relevant evidence. Thus, when considered first with the evidence introduced as to appellant’s actual or constructive possession of other stolen items which were identified by Luckfield [the property’s owner and burglary victim] as being stolen in the same burglary (some of which were found in an apartment where Waters and his girlfriend Lethia Speigner lived) and secondly with his own confession that police ‘had him cold,’ the possession clearly bears a causal connection and logical relation to the Luckfield burglary from which the jury could well infer scienter.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.